Borough of Dumont, NJ Page 1 of 5

CHAPTER A546 CABLE TELEVISION FRANCHISE

[HISTORY: Adopted by the Mayor and Council of the Borough of Dumont 3-19-2002 by Ord. No. 1269 .
Amendments noted where applicable.]
§ A546-1 Definitions.

For the purpose of this ordinance the terms defined above shall have the meanings there indicated, and the
following additional terms shall have the following meanings:

ACT or CABLE TELEVISION ACT

That statute of the State of New Jersey relating to cable television, known as the Cable Television Act,
N.J.S.A. 48:5A-1 et seq.

APPLICATION
Cablevision's application for Renewal of Municipal Consent, which application is on file in the Borough
Clerk's office and is incorporated herein by reference and made a part hereof, except as modified,
changed, limited or altered by this ordinance.

BOARD
The Board of Public Utilities of the State of New Jersey or its successor agency.

BOROUGH
The governing body of the Borough of Dumont in the County of Bergen, and the State of New Jersey.

COMPANY
Cablevision of New Jersey, Inc. ("Cablevision") the grantee of rights under this ordinance.

FCC
The Federal Communications Commission.

FEDERAL ACT
That federal statute relating to cable communications commonly known as the Cable Communications
Policy Act of 1984, 47 U.S.C. § 521 et seq. and the Telecommunications Act of 1996, or as those
statutes may be amended.

FEDERAL REGULATIONS
Those federal regulations relating to cable television services, 47 CFR 76.1 et seq. (and, to the extent
applicable, any other federal rules and regulations relating to cable television, including but not limited to,
those described in 47 CFR 76.3), or as such regulations may be amended.

STATE
The State of New Jersey.

STATE REGULATIONS
Those regulations of the State of New Jersey Board of Public Utilities relating to cable television,
N.J.A.C. 14:17-1.1 et seq. and N.J.A.C 14:18-1 et seq., or as such regulations may be amended.

§ A546-2 Statement of findings.

A public hearing concerning the consent herein granted to Cablevision was held after proper public notice
pursuant to the terms and conditions of the Act. Said hearing having been held and fully open to the public, and
the municipality having received all comments regarding the qualifications of Cablevision to receive this consent,
the Borough hereby finds Cablevision possesses the necessary legal, technical, character, financial and other
qualifications to support municipal consent, and that Cablevision's operating and construction arrangements are
adequate and feasible.

§ A546-3 Grant of authority.

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The Borough hereby grants to Cablevision its nonexclusive consent to place in, upon, along, across, above, over,
and under its highways, streets, alleys, sidewalks, public ways, and public places in the municipality poles, wires,
cables, and fixtures necessary for the maintenance and operation in the Borough of a cable television system,
and for the provision of any communication service over the such system as may be authorized by federal or state
regulatory agencies. Operation and construction, pursuant to said consent, is conditioned upon prior approval of
the Board of Public Utilities.

§ A546-4 Duration of franchise.

This consent granted herein shall be nonexclusive and shall be for a term of 10 years from the date of issuance of
a Certificate of Approval by the Board.

§ A546-5 Expiration and subsequent renewal.

If Cablevision seeks successive consent, it shall, prior to the expiration of this consent, apply for a municipal
consent and certificate of approval in accordance with N.J.S.A. 48:5A-16 and applicable state and federal rules
and regulations. The Company shall also petition the Board for approval authorizing continued operation during
the period following expiration of the consent granted herein, and until such a time that a decision is made by the
Borough and the Board relative to the renewal of said consent.

§ A546-6 Franchise territory.

The consent granted under this ordinance to Cablevision shall apply to the entirety of the Borough and any
property hereafter annexed.

§ A546-7 Service area.

Cablevision shall be required to proffer service along any public right-of-way to any person's residence within the
portion of the franchise territory, as described in the application for municipal consent, at tariffed rates for standard
and nonstandard installation.

§ A546-8 Franchise fee.

Pursuant to the terms and conditions of the Cable Television Act, Cablevision shall pay to the Borough, as an
annual franchise fee, a sum equal to 2% of the actual gross revenues received from all recurring charges in the
nature of subscription fees paid by subscribers for its cable television reception services in the Borough. In the
event applicable law hereinafter permits a larger franchise fee to be collected, but does not fix the amount thereof,
the Borough and Cablevision shall negotiate in good faith with respect to the amount thereof.

§ A546-9 Free service.

Cablevision shall provide, free of charge, one standard installation and basic monthly cable television reception
service to all state-accredited public and private primary and secondary schools and all municipal public libraries,
as well as municipal buildings located within the Borough.

A.
Cablevision shall provide to the Borough, free of charge, one high-speed cable modem and monthly Internet
access service, including a standard installation, to one municipal location designated by the Borough, which
designation shall be made in writing prior to installation. The Borough shall be permitted, at its own cost, to
network up to three additional personal computer terminals in the designated building (four computers total) to the
cable modem provided by Cablevision.

B.
Cablevision shall provide to all state-accredited primary and secondary public schools within the Borough, and the
municipal library, free of charge, one high-speed cable modem and monthly Internet access service, including a
standard installation.

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§ A546-10 Construction/system requirements.

Cablevision shall perform construction and installation of its plant and facilities in accordance with applicable state
and federal law. The Company shall be subject to the following additional construction requirements with respect
to the installation of its plant and facilities in the Borough:

A.
In the event that the Company or its agents shall disturb any pavement, street surfaces, sidewalks, driveways or
other surfaces, the Company shall at its sole expense restore and replace such disturbances in as good a
condition as existed prior to the commencement of said work.

B.
If at any time during the period of this consent, the municipality shall alter or change the grade of any street, alley
or other way or place, the Company, upon reasonable notice by the Borough shall remove or relocate its
equipment, at its own expense.

C.
Upon request of a person holding a building or moving permit issued by the Borough, the Company shall
temporarily move or remove appropriate parts of its facilities so as to permit the moving or erection of buildings or
for the performance of other work. The expense of any such temporary removal or relocation shall be paid in
advance to the Company by the person requesting the same. In such cases, the Company shall be given not less
than 14 days prior written notice in order to arrange for the changes required.

D.
During the exercise of its rights and privileges under this consent, the Company shall have the authority to trim
trees upon and overhanging streets, alleys, sidewalks and public places of the Borough so as to prevent the
branches of such trees from coming in contact with the wires, cables, conduits and fixtures of the Company. Such
trimming shall be only to the extent necessary to maintain proper clearance for the Company's facilities.

§ A546-11 Technical and customer service standards.

Cablevision shall comply with the technical and customer service standards established for the cable industry
under applicable federal and state laws, rules and regulations.

§ A546-12 Local office or agent.

Cablevision shall establish and maintain during the entire term of this consent a local area business office or
agent for the purpose of receiving, investigating and resolving complaints regarding the quality of service,
equipment malfunctions and similar matters. Said office shall be open daily during normal business hours, and in
no event less than 9:00 a.m. to 5:00 p.m., Monday through Friday, with the exception of holidays.

§ A546-13 Designation of complaint officer.

The Office of Cable Television is hereby designated as the complaint officer for the Borough pursuant to the
provisions of N.J.S.A. 48:5A-26. All complaints shall be reviewed and processed in accordance with N.J.A.C.
14:17-6.5.

§ A546-14 Liability insurance.

Cablevision agrees to maintain and keep in force and effect at its sole cost at all times during the term of this
consent, sufficient liability insurance naming the Borough as an additional insured and insuring against loss by
any such claim, suit, judgment, execution or demand in the minimum amounts of $500,000 for bodily injury or
death to one person, and one $1,000,000 for bodily injury or death resulting from any one accident or occurrence
stemming from or arising out of the Company's exercise of its rights hereunder.

§ A546-15 Performance bond.

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Upon the effective date of this franchise, Cablevision shall obtain and maintain, at its sole cost and expense,
during the entire term of this Agreement, a bond to the Borough in the amount of $25,000. Such bond shall be to
insure the faithful performance of its obligations as provided in this franchise.

§ A546-16 Rates.

The rates of the Company shall be subject to regulation as permitted by federal and state law.

§ A546-17 Emergency uses.

Cablevision shall be required to have the capability to override the audio portion of the system in order to permit
the broadcasting of emergency messages by the Borough pursuant to state and federal requirements. The
Company shall in no way be held liable for any injury suffered by the Borough or any other person, during an
emergency, if for any reason the municipality is unable to make full use of the cable television system as
contemplated herein. The Borough shall utilize the state-approved procedures for such emergency uses.

§ A546-18 Equitable terms.

A.
In the event that the Borough approves or permits a cable system to operate in the community on terms more
favorable or less burdensome than those contained in this ordinance, such more favorable or less burdensome
terms shall be applicable in this consent, subject to a petition to the Board of Public Utilities as provided for in
accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7.

B.
In the event that a nonfranchised multichannel video programmer provides service to residents of the Borough,
Cablevision shall have a right to request franchise amendments to this ordinance that relieve Cablevision of
regulatory burdens that create a competitive disadvantage to the Company. In requesting amendments,
Cablevision shall file with the Board of Public Utilities a petition for approval in accordance with N.J.S.A. 48:5A-47
and N.J.A.C. 14:17-6.7 seeking to amend the Ordinance. Such petition shall: indicate the presence of a
nonfranchised competitor(s); identify the basis for Cablevision's belief that certain provision of this franchise place
it at a competitive disadvantage; and identify the regulatory burdens to be amended repealed in order to eliminate
the competitive disadvantage. The Borough shall not unreasonably withhold or object to granting the Company's
petition and so amending the Ordinance, subject to a petition to the Board of Public Utilities as provided for in
accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7.

§ A546-19 Removal of facilities.

Upon expiration, termination or revocation of this ordinance, Cablevision at its sole cost and expense and upon
direction of the Board of Public Utilities, shall remove the cables and appurtenant devices constructed or
maintained in connection with the services authorized herein, unless Cablevision, its affiliated entities or
assignees should, within six months after such expiration, termination or revocation obtain certification from the
FCC to operate an open video system or any other federal or state certification to provide telecommunications.

§ A546-20 Public, educational and governmental access.

A.
Cablevision shall provide and maintain without charge for its use, a composite public, governmental and
educational access channel ("PEG access") for use by the residents and institutions of the Borough. This channel
may only be used for noncommercial programming. Cablevision shall be responsible for developing,
implementing, interpreting and enforcing reasonable rules for access channel use, in accordance with applicable
law.

B.
Upon request by the Borough, Cablevision shall provide and maintain a noncommercial public, educational and
governmental channel for the Borough use. This channel may only be used for noncommercial programming.

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Cablevision shall be responsible for developing, implementing, interpreting and enforcing reasonable rules for
access channel use, in accordance with applicable law.

C.
In consideration for the rights granted by this ordinance, Cablevision shall provide the Borough with a one-time
grant of $15,000 to be used by the municipality for cable and/or other telecommunications-related purposes,
including to supplement PEG access related production and programming efforts in the Borough.

D.
The Borough agrees that Cablevision shall retain the right to use the PEG access channel, or portion thereof, for
non-PEG access programming, during times when the Borough is not utilizing the channel for purposes of
providing PEG access programming. In the event that Cablevision uses said PEG access channel for the
presentation of such other programming, the PEG programming shall remain the priority use and Cablevision's
rights with respect to using the channel for non-PEG programming shall be subordinate to the Township's
provision of PEG access programming on such channel.

§ A546-21 Incorporation of application.

All of the commitments contained in the application and any amendment thereto submitted in writing to the
Borough by the Company except as modified herein, are binding upon Cablevision as terms and conditions of this
consent. The application and any other writings submitted by Cablevision in connection with this consent are
incorporated in this ordinance by reference and made a part hereof, except as specifically modified, changed,
limited, or altered by this ordinance, or to the extent that they conflict with state or federal law.

§ A546-22 Consistency with applicable laws.

This consent shall be construed in a manner consistent with all applicable federal, state and local laws.

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